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COMMISSION DIRECTIVE 2005/31/EC
of 29 April 2005
amending Council Directive 84/500/EEC as regards a declaration of compliance and performance
criteria of the analytical method for ceramic articles intended to come into contact with foodstuffs
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Community,
Having regard to Regulation (EC) No 1935/2004 of the
European Parliament and of the Council of 27 October 2004
on materials and articles intended to come into contact with
food and repealing Directives 80/590/EEC and 89/109/EEC (
1
),
and in particular Article 5(2) thereof,
Whereas:
(1)
Council Directive 84/500/EEC of 15 October 1984 on
the approximation of the laws of the Member States
relating to ceramic articles intended to come into
contact with foodstuffs (
2
) is a specific measure within
the meaning of Article 5 of Regulation (EC) No
1935/2004. It concerns the possible migration of lead
and cadmium from ceramic articles which, in their
finished state, are intended to come into contact with
foodstuffs, or which are in contact with foodstuffs, and
are intended for that purpose.
(2)
Article 16 of Regulation (EC) No 1935/2004 provides
that the specific measures are to require that materials
and articles covered by those measures are accompanied
by a written declaration stating that they comply with
the rules applicable to them.
(3)
That requirement has not yet been set out in Directive
84/500/EEC. There is a need to lay down that obligation
for all ceramic articles which are not yet in contact with
foodstuffs to clearly distinguish them from decorative
articles.
(4)
The national competent authorities should have access to
documents demonstrating that the ceramic articles
comply with the migration limits for lead and
cadmium. Therefore, the manufacturer or importer into
the Community should make information concerning
analysis carried out available to them on request.
(5)
Directive 84/500/EEC lays down a method for the
analysis of lead and cadmium. Technological progress
has been made in that area and the analytical method
set out in that Directive is only one amongst several
possible methods. This Directive should take techno-
logical progress into account and establish a set of
performance criteria that the analytical method must
comply with having regard to Commission Directive
2001/22/EC of 8 March 2001 laying down the
sampling methods of analysis for the official control of
the levels of lead, cadmium, mercury and 3-MCPD in
foodstuffs (
3
).
(6)
In accordance with the principle of proportionality, it is
necessary and appropriate for the achievement of the
basic objective of ensuring the free movement of
ceramic articles intended to come into contact with food-
stuffs to lay down rules for a correct enforcement of
Directive 84/500/EEC. This Directive does not go
beyond what is necessary in order to achieve the
objectives pursued, in accordance with the third
paragraph of Article 5 of the Treaty.
(7)
Directive 84/500/EEC should therefore be amended
accordingly.
(8)
The measures provided for in this Directive are in
accordance
with
the
opinion
of
the
Standing
Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 84/500/EEC is amended as follows:
1. The following Article 2a is inserted:
`Article 2a
1.
At the marketing stages up to and including the retail
stage, ceramic articles which are not yet in contact with
foodstuffs shall be accompanied by a written declaration in
accordance with Article 16 of Regulation (EC) No
1935/2004 of the European Parliament and of the
Council (*).
That declaration shall be issued by the manufacturer or by a
seller established within the Community and shall contain
the information laid down in Annex III to this Directive.
EN
L 110/36
Official Journal of the European Union
30.4.2005
(
1
) OJ L 338, 13.11.2004, p. 4.
(
2
) OJ L 277, 20.10.1984, p. 12.
(
3
) OJ L 77, 16.3.2001, p. 14. Directive as last amended by Directive
2005/4/EC (OJ L 19, 21.1.2005, p. 50).